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Abstract: 

In late 2011, the Ninth Circuit ruled against the surviving mother of a severely disabled person who died in a state institution when the mother brought a negligence and constitutional law case against the Washington Department of Social and Health Services. On a happier note, however, two Florida Supreme Court cases vindicated the rights of nursing home residents by finding that nursing home arbitration clauses that limit damages that could otherwise be recovered under state law are invalid. This article discusses several disparate cases around the country bearing on this subject.

Keywords: limited damages provision; damages capped

Affiliations:  1: Staff Editor.